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Case 0:02-cr-00037-DSD-SRN Document 186 Filed 03/29/2005 Page 1 of 1



UNITED STATES DISTRICT COURT
Criminal No. 02-37(1)(DSD/SRN)

DISTRICT OF MINNESOTA

United States of America,
Plaintiff,

v.
Jeffery J. Thigpen, a/k/a
Jeffrey Jerome Thigpen,

Defendant.

ORDER


This matter is before the court upon defendant’s motion to
dismiss the indictment for lack of jurisdiction. The court
determines that defendant’s motion is properly construed as a
second motion to vacate, set aside or correct sentence pursuant to
28 U.S.C. § 2255.1 Thus, because defendant has not obtained
permission from the court of appeals to bring the motion, it is
denied. See 28 U.S.C. § 2244(a); 28 U.S.C. § 2255.

Accordingly, IT IS HEREBY ORDERED that defendant’s second
motion to vacate, set aside or correct sentence [Doc. No. 185] is
denied.

Dated: March 29, 2005



s/David S. Doty
David S. Doty, Judge
United States District Court

1 If the court did not thus construe the motion, it would

nonetheless deny it as patently devoid of merit.